Hampton judges, lawyers often talk in chambers about cases

Crime & Legal issues notebook

October 30, 2011|Ashley Kelly & Peter Dujardin

There are few certainties in life.

But it's a pretty decent bet that if you attend a hearing of any significance in Hampton Circuit Court, the lawyers and the judge will meet in the judge's chambers -- out of the public's view -- to take up matters pertaining to the case.

We've found such in-chambers discussions to be far more routine in Hampton than in several other courts we cover.

It happened again Tuesday, when Circuit Judge Bonnie Jones, Chief Deputy Commonwealth's Attorney John Haugh, and defense attorneys George Rogers and Stephen Weisbrod met in Jones' chambers before a murder trial.

Lawyers in Hampton often say such conversations occur only on "non-substantive" matters, such as scheduling. But that's not always the case. Significant legal issues are often taken up and hashed out in the back room -- and later put "on the record" in open court after the fact.

In Tuesday's murder case, for example, lawyers approached Jones' chambers after a key state witness, a medical examiner, wasn't available, and the prosecutor wanted to move the trial to a new day.

The ensuing in-chambers discussion concerned how the scheduling glitch occurred, a calculation on whether the two defendants' right to a speedy trial was in danger, and whether a new trial date could infringe on the defendants' right not to be placed "in jeopardy" a second time -- given that they had both just pleaded not guilty.

That hardly seems trivial. In fact, Weisbrod said he might take up the double jeopardy issue with the Virginia Court of Appeals if his client gets convicted.

Jones at one point called the court reporter into her chambers to transcribe part of the conversation, in which she said how she planned to rule on the jeopardy issue. But Jones never ruled on the necessity of a closed discussion.

Haugh wouldn't say why the discussion needed to be in private. Weisbrod said it was a matter of convenience on complicated issues. "These little discussions help the court and counsel iron out what the actual issues are," he said. "The public is more interested in the case's outcome rather than how we get from point A to point B."

Jail volunteer, 90, honored

A 90-year-old volunteer was recently honored for his service at the Newport News City Jail.

Joseph Clark was named the "2011 Volunteer of the Year" on Oct. 20 at the Annual Volunteer Appreciation Dinner, the Newport News Sheriff's Office said in a news release. Clark has volunteered at the jail for 17 years, teaching self-esteem to inmates weekly.

"When you come in to encourage us, you build up hope," inmate Harold Taylor told him. "In the 'hood ? all we've got is drugs, guns, and money. That's not hope. That's destruction. You teach us how to not be destructive. You teach us hope. At least you teach me hope."

Most of the jail's 45 inmate programs -- such as money management, masonry and substance abuse -- are run by about 120 volunteers.

Peter Dujardin and Ashley Kelly cover courts and crime for the Daily Press. Dujardin can be reached at 757-247-4749 and Kelly can be reached at 757-247-4778 dailypress.com 10-29-2011 - news/crime